Discrimination & Human Rights

Under Construction

This version is for South Australia. The State Laws and Courts in Queensland are different. Do not use this page without legal advice.

What is discrimination?

Many forms of discrimination are acceptable. It is acceptable to discriminate against a job applicant with little work experience by not giving them that job. However, some forms of discrimination are deemed unfair and thus unacceptable by the law. This includes discriminating against someone because of their age, race, sex or disability.

The law protects our right to be treated fairly under both State and Federal laws.

Discrimination based on sexual preference, criminal record, trade union activity, political opinion, religion or social origin is also unlawful (but only in relation to employment or acts of the Commonwealth - although the State laws may still apply).

Acts, Regulations, Rules & Forms

Are you looking for detailed information like this, or contact details for any of the bodies mentioned on this page. If so, then start on our Discrimination Law for Lawyers page.

How can discrimination law help you?

If the Equal Opportunity Commission considers that you have a legitimate complaint, then they will organise a conciliation meeting for you to discuss the problem with the person or organisation you complained about.

If conciliation is successful, an agreement can be made between you and the other party to solve the problem. If conciliation is unsuccessful, the Equal Opportunity Commissioner, with your consent, can refer your case to the Equal Opportunity Tribunal for a formal hearing.

The Australian Human Rights Commission has a very similar process. First, it also investigates the complaint by talking to both yourself and the person or organisation you are complaining about. A conciliation meeting will then be organised. If the complaint can’t be resolved, you can bring your matter to the Federal Circuit’ Court, or Federal Court, for hearing.

Which body do I complain to?

The Australian Human Rights Commission and Equal Opportunity Commission are very similar in the complaints they handle.

However, there are some differences in what kinds of discrimination they deal with. This page from the EOC website discusses your choices about which body you should complain to.

Whistleblowers’ protection

See the Law Handbook (S.A.) - Whistleblowers for information about when you will protected from discrimination (or penalties) for disclosing information about misconduct by a public body or public officer.

Employers and discrimination law

You can learn about your responsibilities as an employer. Learn how to develop effective workplace policies and best practice guidelines. And find information on establishing and implementing a complaints procedure.

In general, employers are legally responsible for the actions of their employees. The same applies if somebody is acting on your behalf. This applies even if you didn't know what they were doing or didn't ask them to act in this way. Many of the big cases you see in the press involve an employer being sued because of bad behaviour by these other people.

Disability Discrimination Service - Provides advice and assistance to people who have been discriminated against because of a disability. Can also lodge complaints under the Disability Discrimination Act on your behalf, and may provide referrals to lawyers who can represent you.